NFL CONSUMER PRODUCTS LICENSING PRE-QUALIFICATION TERMS AND CONDITIONS
NFL Properties LLC (in the United States) and NFL International Licensing, Inc. (internationally) (together, "NFLP") have developed this website to provide pre-qualification information and form(s) for companies interested in having the NFL consider their unsolicited or solicited proposals for the licensing of NFL trademarks in connection with certain products or merchandise subject to these terms and conditions (the “Terms and Conditions”). If your company (“you”, “the company” or “your company”) decides to seek pre-qualification, you should review the Terms and Conditions described below, download the pre-qualification application (or any other form as required by NFLP), and submit the completed form(s) and required information (collectively, the “Proposal”) to NFLP via the digital portal accessible herein (or any other manner as required herein by NFLP). NFLP will review the Proposal you submit (including all information contained therein) and make a determination as to whether your Proposal qualifies for the NFLP licensing program. No decision can be made by NFLP until all pre-qualification information and form(s) required in connection with your Proposal have been received and verified. An overview of the pre-qualification process is set forth below. You acknowledge that your Proposal (which shall include all information and materials provided in connection therewith) will be reviewed and accepted or rejected in NFLP's sole discretion. You understand that neither acceptance of the Proposal nor any meetings or discussions concerning any such Proposal (collectively, the "Discussions") shall itself (or any combination thereof) constitute a license or shall be deemed to be a commitment to engage in any business relationship, contract or future dealing with your company, or limit NFLP's right to engage in any activity (on its own or with any third party), whether such activity is similar to anything contemplated during the Discussions or to engage in similar discussions with third parties.
1. How It Works. NFLP serves as the exclusive representative of the National Football League and its member professional football clubs (the “Member Clubs”) for the commercial licensing of their trademarks and logos (the "NFL Marks"). The NFL Marks include, among others, the NFL shield, the words “SUPER BOWL,” and “PRO BOWL”, each of the Super Bowl and Pro Bowl logos, and the team names, nicknames, colors, symbols, emblems, helmet designs and uniform designs of the Member Clubs.
The pre-qualification process requires that you submit certain information about your company for review by NFLP. The pre-qualification process is the first stage of a licensing process that involves several stages. If your Proposal matches the criteria for the NFLP licensing program established by NFLP (which criteria may change from time to time), we will contact you about the possibility of your company licensing the NFL Marks; provided, however, that any license to use any NFL Marks would be the subject of a separate written retail product license agreement executed between your company and NFLP. Neither our request for information nor your reply to the request for information constitutes an offer to contract or a solicitation by NFLP to offer a contract or license to your company.
2. Minimum Requirements. In order for your Proposal to be considered for the NFLP licensing program, your company MUST:
a. Have a minimum of three (3) years of experience in manufacturing and distribution;
b. Be a manufacturer, NOT solely an intermediary or distributor;
c. Have the ability to pay (i) routine payments of royalties based on a percentage of product sales (or some other measure as determined by NFLP), (ii) one hundred percent (100%) of an annual minimum royalty guarantee (such annual amount(s) to be determined by NFLP) (will vary by opportunity and category, but expect it to be no less than $200,000 per year) and (iii) be able to generate sales sufficient to meet or exceed such minimum royalty guarantee consistently on a yearly basis;
d. Maintain insurance from a licensed and admitted insurance carrier with a rating not less than A-VII from an A.M. Best rated insurance company a comprehensive commercial general liability policy in an amount of Six Million Dollars ($6,000,000.00) per occurrence and Twelve Million Dollars ($12,000,000.00) in the aggregate; and
e. Be in compliance with all federal, state, and local laws and, where applicable, international laws, rules and regulations, including all appropriate standards regarding fair labor and other human rights.
3. Information Required for Pre-Qualification. You will be required to submit certain pre-qualification information in connection with your Proposal, including:
a. A completed and signed pre-qualification information application (i.e., the CP Prospective License Information Package), which requires detailed information about your company and its officers, financial information, business practices and experience, as well as a detailed business plan and other information about your proposed use of the NFL Marks;
b. Two (2) years of audited financial statements and/or two (2) years of company tax returns;
c. Sales and product catalog(s)/literature or sell sheets;
d. Representative samples of products you would like to license; and
e. A credit reference from a financial institution.
4. Prohibited Content; Unsolicited Submissions. Your Proposal should NOT include any confidential or proprietary creative ideas or products. If it does, NFLP's review of your Proposal will terminate immediately, and your company will be disqualified from participation in the NFLP licensing program. Accordingly, when you send us your Proposal or related information about your company, do NOT include confidential or proprietary information, such as product concepts, designs, ideas, original artwork, or other original creative materials or suggestions. This is necessary to prevent possible future misunderstandings when products developed by our own employees or official licensees might seem to others to be similar to their own creative work. You acknowledge and agree that NFLP at all times has many products and projects in various stages of development, and that the results of these endeavors may be similar or identical to your own products or projects. You further acknowledge that no confidential relationship is established by the submission of your Proposal to NFLP. You understand that it is entirely up to you what information or material you disclose to NFLP, and you acknowledge and agree that NFLP shall have the right to assume that any information or material presented in connection with your Proposal (whether or not in writing) is not subject to any confidentiality or other restriction. Any information you disclose is at your own risk and you acknowledge that NFLP may license at any time such similar or identical products disclosed in connection with your Proposal and that you will not have the right to any compensation deriving from such products or licensing ideas.
If you ignore the NFLP's policy and submit any creative suggestions, ideas, notes, drawings, concepts, designs, or other information (collectively "Unsolicited Submissions"), you hereby assign to NFLP all rights of every nature and description, in perpetuity, throughout the world, in such Unsolicited Submissions. The Unsolicited Submissions shall be deemed, and shall remain, the sole property of NFLP. None of the Unsolicited Submissions shall be subject to any obligation of confidence on NFLP's part and NFLP and the Member Clubs, or its or their respective affiliates, officers, directors, agents, subsidiaries, shareholders, representatives and employees (collectively, the “NFL Entities”) shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, NFLP shall exclusively own all now-known and hereafter existing rights to the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation of any kind to the provider of the Unsolicited Submissions.
5. Submission of Information. It is important that you follow the procedures outlined above. Once completed, please submit your Proposal through www.NFLCPAPP.com in accordance with the instructions contained therein. Any physical product samples should be mailed to: NFL Consumer Products Department, National Football League, 345 Park Avenue, New York, NY 10154. If your Proposal matches the criteria for the NFLP licensing program established by NFLP, in NFLP’s sole discretion, you will hear from NFLP within ninety (90) days. Please do not contact us as to the status of the review of your Proposal. If you do not hear from us within ninety (90) days, please be advised that your company has not met such criteria, and your Proposal has not been accepted.
6. Assumption of Risk. NFLP makes no representations about the security of the information sent by you to NFLP in connection you’re your Proposal (regardless of the manner that such information submitted to NFLP), and you acknowledge and agree that no NFL Entity shall be liable for any disclosure to or subsequent use by third parties of confidential or other information sent by you to NFLP (or to any NFL Entity).
7. Limitations and Restrictions. All questions and other requests for information in the Proposal (including the application or any other forms required by NFLP) must be filled in and/or answered as directed, completely and accurately. You understand that a failure to comply with this requirement is grounds for disqualification. Nothing contained in these Terms and Conditions is intended to limit NFLP's sole and complete discretion to accept or reject any licensing proposal. Providing the information requested by NFLP in no way implies or guarantees that your company will be granted any rights to use or otherwise license any NFL Marks.
8. Limitation of Liability; Release. UNDER NO CIRCUMSTANCES WILL ANY NFL ENTITY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THE PROPOSAL, THE SUBMISSION OF YOUR PROPOSAL OR THE CONTENT OF YOUR PROPOSAL. SUBJECT TO APPLICABLE LAW, YOU RELEASE EACH OF THE NFL ENTITIES FROM ANY LIABILITY OR LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR PROPOSAL, INCLUDING THE INFORMATION AND MATERIALS CONTAINED THEREIN.
Agreement to Terms and Conditions
To participate in NFLP's pre-qualification program, you must accept the Terms and Conditions described above. We suggest that you print out a copy of these Terms and Conditions and keep them for your records. By clicking on the "I Agree" button below, you confirm that you have read and understand the Terms and Conditions above and agree to be bound by such Terms and Conditions on behalf of the company submitting the information. NFLP reserves the right to change the Terms and Conditions at any time and without notice.
If you meet the above criteria and agree with the Terms and Conditions and are interested in the pre-qualification process, please click the "I AGREE" button to download our pre-qualification application.